IN THE MATTER OF CERTAIN AMENDMENTS
TO THE ADOPTED AND APPROVED SOLID
WASTE MANAGEMENT PLAN OF THE HUDSON COUNTY SOLID WASTE
MANAGEMENT DISTRICT

CERTIFICATION
OF THE DECEMBER 14, 2000
AMENDMENT TO THE HUDSON COUNTY
DISTRICT SOLID WASTE MANAGEMENT PLAN

BY ORDER OF THE COMMISSIONER:

A. Introduction

The New Jersey Solid Waste Management Act (N.J.S.A. 13:1E-1 etseq.) established a comprehensive system for the management of solid waste in New Jersey. The Act designated all twenty-one (21) of the state's counties, and the Hackensack Meadowlands District, as Solid Waste Management Districts, and mandated that the Boards of Chosen Freeholders and the Hackensack Meadowlands Development Commission (now known as the New Jersey Meadowlands Commission) develop comprehensive plans for waste management in their respective districts. On January 27, 1982 the Department of Environmental Protection (Department or DEP) approved, with modifications, the Hudson County District Solid Waste Management Plan (County Plan).

The Act requires that all district plans be based on and accompanied by a report detailing the existing waste disposal situation in the district, and a plan which includes the strategy to be followed by the district in meeting the solid waste management needs of the district for a ten-year planning period. The report must detail the current and projected waste generation for the district, inventory and appraise all facilities in the district, and analyze the waste collection and transportation systems which serve the district. The disposal strategy must include the maximum practicable use of resource recovery techniques. In addition to this strategy, the plan must designate sufficient available suitable sites for the disposal of the district's waste for a ten-year period.

The Act further provides that a district may review its County Plan at any time and, if found inadequate, a new County Plan must be adopted. The Hudson County Board of Chosen Freeholders (County Freeholders) completed such a review and on December 14, 2000 adopted

an amendment to its approved County Plan. The December 14, 2000 amendment proposes County Plan inclusion of Nacirema Industries, Inc., material recovery facility/Class B recycling facility, located at Block 301.01, Lots 1 and 6, 211 West Fifth Street, City of Bayonne.

The amendment was considered administratively complete for review by the Department on October 10, 2001 and copies were distributed to various administrative review agencies for review and comment, as required by law. The Department has reviewed this amendment, and has determined that the amendment adopted by the County Freeholders on December 14, 2000 is approved, with modification, as provided in N.J.S.A. 13:1E-24.

B. Findings and Conclusions with Respect to the Hudson County District Solid Waste Management Plan Amendment

Pursuant to N.J.S.A. 13:1E-24a(1), I have studied and reviewed the December 14, 2000 amendment to the County Plan according to the objectives, criteria, and standards developed in the Statewide Solid Waste Management Plan and I find and conclude that the amendment is consistent with the Statewide Solid Waste Management Plan. In this regard, the County Freeholders are notified of the issues of concern relative to the December 14, 2000 amendment which are included below.

In conjunction with the review of the amendment, the Department circulated copies to seventeen administrative review agencies and solicited their review and comment. Pursuant to N.J.S.A. 13:1E-24a(2) and (3), these agencies included various bureaus, divisions, and agencies within the Department. All agencies contacted are as follows:

Division of Water Quality, DEP
Division of Parks and Forestry, DEP
Division of Fish and Wildlife, DEP
Division of Compliance and Enforcement, DEP
Division of Solid and Hazardous Waste, DEP
Office of Air Quality Management, DEP
Green Acres Program, DEP
Land Use Regulation Element, DEP
New Jersey Turnpike Authority
New Jersey Advisory Council on Solid Waste Management
Office of Local Environmental Management
Department of Agriculture
Department of Health and Senior Services
Department of Transportation
Department of Community Affairs
U.S. Environmental Protection Agency
New Jersey Meadowlands Commission

Issues of Concern Regarding the December 14, 2000 Amendment

Issue: Facility Operations

The December 14, 2000 amendment is proposing County plan
inclusion of the Nacirema Industries, Inc., material recovery facility/Class
B recycling facility, located at Block 301.01, Lots 1 and 6, 211 West Fifth
Street, City of Bayonne. The facility will accept a maximum of 100 tons
per day of type 13C waste or a maximum of 100 tons per day of recyclable
material composed of: a maximum of 25 tons per day of source-separated concrete,
asphalt, brick; a maximum of 70 tons per day of source-separated wastes
resulting from construction, remodeling, repair and demolition of houses,
commercial buildings, pavement and other structures; and a maximum of 5
tons per day of source-separated tree stumps, branches and limbs. The material
proposed for acceptance at the proposed facility in the December 14, 2000
plan amendment is denoted as type 13, but is actually type 13C waste as
identified in N.J.A.C. 7:26-2.13(g)iv.

Further, the amendment noted that the maximum amount of
contaminants allowed in each incoming load of Class B recyclable material
shall be limited to 40% by weight. Contaminant standards are determined
on a case-by-case basis in the general approval issued by the Department
to a Class B recycling facility as per N.J.A.C. 7:26A-3.5. Therefore,
Section C. of this certification approves, with modification, the County
Plan inclusion of the material recovery facility/Class B recycling facility
and defers the contamination limitation issue to the technical phase of
the approval process.

Issue: Regulatory Requirements

If any operation of a recycling center will discharge pollutants
as defined in N.J.A.C. 7:14-1.9, said operation must secure a New
Jersey Pollutant Discharge Elimination System Permit and/or a Treatment
Works Approval for pollutant discharges prior to operation.

Recycling centers are subject to the provisions of N.J.A.C.
7:27-5, "Prohibition of Air Pollution." This regulation prohibits the release
of odors and other air contaminants which interfere with the enjoyment of
life and property.

C. Certification of the Hudson County District Solid
Waste Management Plan Amendment

In accordance with N.J.S.A. 13:1E-1 etseq., specifically N.J.S.A. 13:1E-21, which establishes specific
requirements regarding the contents of the county solid waste management
plans, I have reviewed the December 14, 2000 amendment to the approved County
Plan and certify to the County Freeholders that the December 14, 2000 amendment
is approved, with modification, as further specified below.

The December 14, 2000 amendment proposing County inclusion
of the Nacirema Industries, Inc., material recovery facility/Class B recycling
facility, located at Block 301.01, Lots 1 and 6, 211 West Fifth Street,
City of Bayonne, is approved with modification. The facility may accept
a maximum of 100 tons per day of type 13C waste or a maximum of 100 tons
per day of recyclable material composed of: a maximum of 25 tons per day
of source-separated concrete, asphalt, brick; a maximum of 70 tons per day
of source-separated wastes resulting from construction, remodeling, repair
and demolition of houses, commercial buildings, pavement and other structures;
and a maximum of 5 tons per day of source-separated tree stumps, branches
and limbs. However, the amendment also noted that the maximum amount of
contaminants allowed in each incoming load of Class B recyclable materials
shall be limited to 40% by weight. Contaminant standards are determined
on a case-by-case basis in the general approval issued by the Department
to a Class B recycling facility as per N.J.A.C. 7:26A-3.5. Therefore,
the contamination limitation issue for this Class B recycling center is
deferred to the technical phase of the Class B approval process.

This certification shall not be construed as an expression
of the Departmentís intent to issue a recycling center approval to any recycling
center for Class B materials. A recycling center approval shall only be
issued where the applicant has submitted as administratively complete application,
as per N.J.A.C. 7:26A-3.5, where all the substantive criteria for
approval set forth in N.J.A.C. 7:26A-3.2, 3.3, and 3.4 are satisfied,
where a fee has been paid in accordance with N.J.A.C. 7:26A-2, and
where none of the criteria for denial of a recycling center approval are
met, as per N.J.A.C. 7:26A-11 and 12.

Pursuant to N.J.A.C. 7:26A-4.1(a)1.iii., Class
B recyclable materials may be commingled only with other Class B recyclable
materials and only to the extent authorized in the Departmentís general
approval.

D. Other Provisions Affecting the Plan Amendment

1. Contracts

Any contract renewal or new contract for solid waste
collection or disposal which is inconsistent with this amendment to the
County Plan and which was executed prior to the approval of this amendment
and subsequent to the effective date of the Solid Waste Management Act (July
29, 1977), and which shall further be for a term in excess of one year,
shall immediately be renegotiated in order to bring same into conformance
with the terms and provisions herein set forth. Any solid waste collection
operation or disposal facility registered by the Department and operating
pursuant to a contract as herein described, shall be deemed to be in violation
of this amendment and of the County Plan if such renegotiation is not completed
within ninety (90) days of the effective date of this amendment provided,
however, that any such registrant may, upon application to the Department,
and for good cause shown, obtain an extension of time to complete such renegotiation.

2. Compliance

All solid waste facility operators and transporters
registered with the Department and operating within the County and affected
by the amendment contained herein shall operate in compliance with this
amendment and all other approved provisions of the County Plan. Any facility
operator or transporter who fails to comply with the provisions contained
herein shall be deemed to be in violation of N.J.S.A. 13:1E-1 etseq., in violation of N.J.A.C. 7:26-1 etseq.,
and in violation of their registration to operate a solid waste facility
or a collection system issued thereunder by the Department and shall be
subject to the provisions and penalties of N.J.S.A. 13:1E-9 and 12
and all other applicable laws.

3. Types of Solid Wastes Covered by the
County Plan

The provisions of the County Plan shall apply to all
solid wastes defined in N.J.S.A. 13:1E-3 and N.J.A.C. 7:26-2.13
including waste types 10, 13, 23, 25, and 27 and all applicable subcategories
and shall not apply to liquid and hazardous wastes. All nonhazardous materials
separated at the point of generation for sale or reuse are subject to regulation
in accordance with N.J.A.C. 7:26A-1 etseq.

4. Certification to Proceed with Implementation
of Amendment

This document shall serve as the certification of the
Commissioner of the Department to the County Freeholders and pursuant to
N.J.S.A. 13:1E-24c. and f., the County Freeholders shall proceed
with the implementation of the approved components of the amendment certified
herein.

5. Definitions

For the purpose of this amendment and unless the context
clearly requires a different meaning, the definitions of terms shall be
the same as those found at N.J.S.A. 13:1E-3 and -99.12, N.J.A.C.
7:26-1.4, -2.13, and N.J.A.C. 7:26A-1.3.

6. Effective Date of Amendment

The approved components of the amendment to the County
Plan contained herein shall take effect immediately.

7. Reservation of Authority

Nothing contained herein shall be construed as a limitation
on any other action taken by the Department pursuant to its authority under
the law. The County Plan, including any amendment made thereto, shall conform
with the Statewide Solid Waste Management Plan, with appendices, which includes
the Department's planning guidelines, rules, regulations, orders of the
Department, and also includes the compilation of individual district plans
and amendments as they are approved.

E. Certification of Approval, With Modification,
of the Amendment by the Commissioner of the Department of Environmental
Protection

In accordance with the requirements of N.J.S.A.
13:1E-1 etseq., I hereby approve, with modification, the
amendment, as outlined in Section C. of this certification, to the Hudson
County District Solid Waste Management Plan which was adopted by the Hudson
County Board of Chosen Freeholders on December 14, 2000.